New York Consolidated Laws
N.Y. Penal Law § 130.25 (2026)
Rape in the third degree
✓ current as of May 2026
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§ 130.25 Rape in the third degree. A person is guilty of rape in the third degree when: 1. He or she engages in vaginal sexual contact with another person who is incapable of consent by reason of some factor other than being less than seventeen years old; 2. He or she engages in oral sexual contact with another person who is incapable of consent by reason of some factor other than being less than seventeen years old; 3. He or she engages in anal sexual contact with another person who is incapable of consent by reason of some other factor other than being less than seventeen years old; 4. Being twenty-one years old or more, he or she engages in vaginal sexual contact with another person less than seventeen years old; 5. Being twenty-one years old or more, he or she engages in oral sexual contact with another person less than seventeen years old; 6. Being twenty-one years old or more, he or she engages in anal sexual contact with another person less than seventeen years old; 7. He or she engages in vaginal sexual contact with another person without such person's consent where such lack of consent is by reason of some factor other than incapacity to consent; 8. He or she engages in oral sexual contact with another person without such person's consent where such lack of consent is by reason of some factor other than incapacity to consent; or 9. He or she engages in anal sexual contact with another person without such person's consent where such lack of consent is by reason of some factor other than the incapacity to consent. Rape in the third degree is a class E felony.
Notes of Decisions
Cited in 292
cases (42 in the last 5 years), 1985–2026 · leading case: People v. Sanchez, 777 N.E.2d 204 (NY 2002).
People v. Sanchez, 777 N.E.2d 204 (NY 2002). “25 (2) states that a person is guilty of murder when "[u]nder circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes the death of another person.”
People v. Worden, 3 N.E.3d 654 (NY 2013). “Defendant was charged with two counts of rape in the third degree (see Penal Law § 130.25 [3]), arising from incidents of sexual intercourse with his former girlfriend.”
United States v. Faustino Gomez, 757 F.3d 885 (9th Cir. 2014). “§ 30-9-11 (G)(1); N.Y. Penal Law § 130.25 (2); N.C. Gen.Stat.”
People v. Cratsley, 653 N.E.2d 1162 (NY 1995). “Defendant was charged with rape in the third degree (Penal Law § 130.25 [1]) after he admitted to having sexual intercourse with a 33-year-old woman whom he knew to have mental retardation.”
People v. Gravino, 928 N.E.2d 1048 (NY 2010). “After unsuccessfully moving to suppress a statement in which she made an admission, Gravino pleaded guilty on August 16, 2007 to one count of third-degree rape (Penal Law § 130.25 [2]) in exchange for a sentence of 1½ to 3 years in prison.”
United States v. Rodriguez-Guzman, 506 F.3d 738 (9th Cir. 2007). “§ 30-9-11 (if defendant is at least four years older than victim); New York (17), N.Y. Penal Law § 130.25 (if defendant is 21 or older); North Dakota (18), N.”
People v. Fuller, 50 A.D.3d 1171 (N.Y. App. Div. 2008). “Defendant challenges his convictions for rape in the first degree, rape in the third degree and sexual abuse in the first degree with respect to victim A, claiming that such convictions are not supported by legally sufficient evidence and are against the weight of the evidence.”
United States v. Watkins, 667 F.3d 254 (2d Cir. 2012). “[6] This contemplated sexual conduct is clearly prohibited by New York law, see N.Y. Penal Law § 130.25 (McKinney 2009 & Supp.”
State v. Mark S., 87 A.D.3d 73 (N.Y. App. Div. 2011). “In May 2004, he entered a guilty plea to third-degree rape (see Penal Law § 130.25 [2]) in satisfaction of all charges, and was sentenced to five months in jail and 10 years of probation.”
People v. Singh, 128 A.D.3d 860 (N.Y. App. Div. 2015). “Counts 41 through 74 of the indictment charged the defendant with committing rape in the third degree (Penal Law § 130.25 [2]) by engaging in sexual intercourse with a person less than 17 years old during successive two-week time periods beginning on September 1, 2009.”
People v. Quinto, 964 N.E.2d 379 (NY 2012). “With respect to his actions that purportedly occurred between July 1, 2002 and August 31, 2002, defendant was indicted for: rape in the second degree; rape in the third degree (Penal Law § 130.25 [3] [a class E felony]); sexual misconduct; menacing in the third degree (Penal Law…”
People v. Dirschberger, 2020 NY Slip Op 3953 (N.Y. App. Div. 2020). “Defendant was charged by indictment with rape in the third degree ( see Penal Law § 130.25 [3]) and criminal sexual act in the third degree ( see Penal Law § 130.”
— N.Y. Penal Law § 130.25(1) — 1 case
Kennedy v. Hubsher, 2021 NY Slip Op 02142 (N.Y. App. Div. 2021).
— N.Y. Penal Law § 130.25(2) — 2 cases
People v. Hernandez, 2023 NY Slip Op 00451 (N.Y. App. Div. 2023).
People v. Garrett, 2023 NY Slip Op 01754 (N.Y. App. Div. 2023).
— N.Y. Penal Law § 130.25(3) — 1 case
Pressley v. Rich (W.D.N.Y. 2022).
— N.Y. Penal Law § 130.25(5) — 1 case
People v. Perez, 2026 NY Slip Op 03462 (N.Y. App. Div. 2026).
— N.Y. Penal Law § 130.25(7) — 1 case
Matter of Gc.M. (Jose M.), 2026 NY Slip Op 03758 (N.Y. App. Div. 2026).
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